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The Administrative Review Tribunal (ART), the Federal Circuit Court (FCC), the Federal Court of Australia (FCA), and the Higher Court (HC) all serve as avenues for reviewing certain visa refusal and cancellation decisions in Australia.
The ART conducts and provides an independent merits review of administrative decisions made by the Australian Government under Commonwealth and Norfolk Island laws. The Tribunal is responsible for most migration-related decisions made by the Department of Home Affairs (DHA).
The Tribunal reviews decisions made regarding bridging visas, family visas, partner visas, skilled visas, student visas, certain humanitarian visas, and citizenship applications. Its General Division conducts merit review regarding character-related visa refusals.
In September 2021, the Federal Circuit Court of Australia and the Family Court of Australia merged to form the Federal Circuit and Family Court of Australia (FCFCOA). Under Division 2, it primarily deals with family law, immigration, and other general federal law concerns.
In immigration matters, the Court reviews certain decisions under the Migration Act 1958. The key decision makers are the Minister for Immigration, Department of Home Affairs, the ART, Citizenship and Multicultural Affairs, and the Immigration Assessment Authority.
Here, the Judge decides upon whether a certain decision made by a decision maker followed the correct legal procedures, and that no ‘jurisdictional error’ has been made. So in the event that the Judge did find an error, they can refer back your case to the deciding officer and prevent the Minister from acting on the decision.
It is good to note that the Judge cannot directly grant you a visa after their review.
Besides the Federal Circuit and Family Court of Australia, the Federal Court also has jurisdiction regarding a migration decision if the former (FCFCOA) brings a pending proceeding of a migration decision to the Federal Court.
A majority of migration cases are tried and heard at the FCFCOA. Migration-related appeals are heard in the Federal Court in very limited circumstances.
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The High Court of Australia is the highest Australian court in the country’s judicial system. It handles cases that come to it on appeal or start in the High Court itself.
Its roles include interpreting and applying Australian laws, deciding significant federal cases like constitutional challenges, and hearing appeals, by special leave, from Federal, State, and Territory courts.
The Supreme Court deals with a wide range of Australian law topics, namely, but not limited to:
Most of its work involves hearing appeals from other courts. Appeals to the High Court are not automatic. The Court must first agree to hear a case in a preliminary hearing. Once the High Court makes a decision on an appeal, it is final and binding on all other Australian courts.
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With over 135+ years of quality legal service, Parish Patience has been highly regarded in the legal community since 1888. Clients benefit from a rich legacy of expertise and a firm that has consistently adapted to the ever-changing Australian legal landscape while maintaining its foundational principles.
Parish Patience prides itself on a team of lawyers who regularly present papers at local and international conferences. They are well-versed in the intricacies of immigration law and proficient at handling even the most challenging appeals. Their level of competence ensures that no matter what unique challenges your case presents, you have skilled and knowledgeable advocates fighting for your rights.
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Getting your visa application rejected is heartbreaking and stressful. If you strongly believe the decision is wrong, file for a court appeal with a skilled visa lawyer who can give you the best representation you deserve and get the strongest fighting chance possible. Contact us today and book a consultation.
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The HC deals with the most significant legal questions and constitutional matters. Appeals to the HC are rare and only occur if there is a significant legal issue.
If your appeal lodged at the ART is unsuccessful, the higher court to which it is taken is the Federal Circuit Court or the Federal Court, provided there are legal grounds, such as an error in law. You can also request Ministerial Intervention if, and only if, it’s within public interest and there is a strong compassionate circumstance that, if not recognised, would cause irreversible harm or extreme economic hardship to an Australian citizen or family unit.
Appeals to the FCC are typically based on legal errors made by the ART. This includes incorrect interpretation of the law or procedural fairness issues.
Processing times can range from as early as 4 to 8 weeks, but some do take up to several months or over a year or two. As always, it depends on the complexity of the case and the caseload of the ART.
Yes, you may be granted a bridging visa while waiting for a final decision on your appeal.
